Death After Leg Surgery Surprises a Hit-and-Run Victim's Family

By DEAN E. MURPHY

Published: February 17, 2002

The death of Neal Spicehandler, who was among the 26 people struck in two hit-and-run attacks last week in Manhattan, was ruled a homicide yesterday even though heart disease contributed to his death.

Mr. Spicehandler, 41, of Massapequa Park on Long Island suffered only leg injuries on Tuesday, but he died Friday morning after an operation on a compound fracture in his left leg. He was struck near West 32nd Street and Seventh Avenue by a car the police say was driven by Ronald J. Popadich. The authorities say Mr. Popadich mowed down 19 people that afternoon in Midtown and then returned on Thursday in a stolen car and struck 7 more. Several other victims were seriously hurt.

Barbara Thompson, a spokeswoman for the Manhattan district attorney's office, said prosecutors would present a case to a grand jury involving the hit-and-run attacks. Mr. Popadich, 39, is being held in a New Jersey jail in connection with the shooting of a woman found near Elmwood Park, N.J., last Sunday.

A spokeswoman for the city medical examiner's office said yesterday that an autopsy determined the cause of Mr. Spicehandler's death to be twofold: fractures of the tibia and fibula ''due to blunt impact of lower extremities'' and ''hypertensive cardiovascular disease.'' The manner of death was homicide, according to the autopsy.

''If he hadn't been struck by the vehicle, he wouldn't have been in the hospital having surgery,'' said the spokeswoman, Ellen Borakove.

Law enforcement officials said a murder charge against Mr. Popadich would still be possible even though Mr. Spicehandler had died, at least in part, from causes not directly related to his injuries.

Mr. Spicehandler's brothers, Elliot and Jeremy, said yesterday that he had been in a lot of pain from the compound fracture in his lower left leg, but that there had been no indication that his life was in danger. They said Mr. Spicehandler was in good spirits, telling jokes to friends and family members in his hospital room and expressing gratitude for the people who had come to his aid.

His last words to his brothers, mother and good friend and partner, John Langan, were '' 'watch my foot,' '' as he was wheeled to the operating room, Elliot Spicehandler said. '' 'I will see you tomorrow.' ''

Elliot Spicehandler said the family had only just learned of the autopsy results, but there was some skepticism about the medical examiner's conclusions.

''In our family there are a few attorneys, a few doctors and a few of everything, and everybody has got an opinion,'' Elliot Spicehander said. ''In my opinion, the answers that were given don't make sense. From our perspective, there are still questions unanswered.''

A spokeswoman for St. Vincent's Manhattan Hospital said on Friday that Mr. Spicehandler had died from complications after surgery to repair the leg fracture. Yesterday the spokeswoman, Jasmin Collazo, referred questions about the autopsy to the medical examiner's office.

Elliot Spicehandler said his brother died Friday morning, several hours after undergoing a second operation on his leg. On Tuesday, surgeons repaired the broken bones but another operation was needed ''to make sure no muscle had atrophied or died and to make sure there was no infection,'' he said.

The surgery was over by 10 p.m. Thursday, and at 4 a.m. Friday everything was said to be fine, Elliot Spicehandler said. Hospital officials said Mr. Spicehandler was pronounced dead at 6:30 a.m. ''When I heard the news from my wife, I assumed there was a mistake,'' Elliot Spicehandler said. ''When I was able to verify it, I broke down.''

Friends and co-workers of Mr. Spicehandler, who was a lawyer, said they were also shocked when they learned of his death. Cheryl Dresner, a lawyer who worked with Mr. Spicehandler, said she spoke with him on the telephone on Wednesday and Thursday. In their last conversation, Ms. Dresner told him about the second hit-and-run, though at that point she did not know that the same driver was being held responsible.

''He just said, 'Manhattan is getting so scary and so dangerous,' '' Ms. Dresner said.

Ms. Dresner said Mr. Spicehandler complained about being in pain, but expressed no worries about the surgery that night. She said he seemed more concerned about her mother, Irene, who also worked in the same law office and was undergoing surgery, than he was about himself. He said, '' 'Please don't tell your mom,' '' Ms. Dresner said. '' 'That will make her upset.' ''

Elliot Spicehandler said his brother seemed to have been handling the attack well emotionally. In several conversations, he referred to Mr. Popadich as ''one sick person,'' but he emphasized how many more good people had helped him. One woman cradled his head while others worried out loud that his wallet had been stolen. In fact, Mr. Spicehandler did not have his wallet with him that day, his brother said.

''He was impressed with the nature of New Yorkers,'' Elliot Spicehandler said. ''He couldn't forget the people who really went out of their way to help him.''

But Mr. Spicehandler had a habit of seeing the best in people, his friends and family said. Ms. Dresner said he would arrive at work each morning with at least four cups of coffee because he was convinced that the attendant behind the coffee counter could not make a living if everyone bought just one cup.

Photos: Neal Spicehandler; Ronald J. Popadich of Garfield, N.J., was led from the Bergen County Courthouse in Hackensack on Friday after being accused in two hit-and-run attacks last week in Manhattan. He is also a suspect in two shootings. (Jeff Zelevansky for The New York Times)